CONSCIENTIOUS OBJECTOR OSMAN MURAT ÜLKE'S
CASE BEFORE COUNCIL OF EUROPE

On 15 October, the
Council of Europe (CoE) is due to reconsider Osman Murat Ülke’s case
against Turkey for its persistent persecution of conscientious
objectors. On the same day we are submitting an international petition
in his support to the CoE and the Turkish authorities.

Mr Ülke is a
conscientious objector imprisoned again and again between 1996 and 1999
for the “crime” of refusing to kill. Now 36 and a father of a young
child, he is again being threatened with arrest and ordered to serve
another 17 months in a military prison.

The petition,
addressed to the Turkish authorities and the CoE, was circulated in
English,
German,
Greek,
Italian,
Spanish and
Turkish and co-sponsored
by six organisations from Europe and the US1. It has been
signed by over 1,300 women and men from around the world. They include
refuseniks, anti-war activists, trade unionists, lawyers, academics and
an MEP.

On 24 January
2006, the European Court of Human Rights (ECHR), ruling on Mr Ülke’s
case versus Turkey, found Turkey guilty of violating the European
Convention on Human Rights2. Subsequently the CoE urged the
Turkish government to implement the Court’s judgment in his case.
Turkey has done worse than nothing, using Art. 318 of its Penal Code3
to crack down on conscientious objectors, anti-militarists and
journalists.

We urge the CoE to
apply the most severe sanctions possible if Turkey continues to make a
mockery of European institutions by persecuting conscientious objectors.

We reiterate the
demands of our petition, that Turkey: » Comply with the
judgement of the European Court of Human Rights and the military drop
its case against Mr Ülke; »
Recognise the right to conscientious objection and exempt conscientious
objectors from military service; » Immediately end
the persecution and “civil death” of all conscientious objectors.

2. "The
numerous criminal prosecutions . . . together with the possibility that
he would be liable to prosecution for the rest of his life . . . The
clandestine life amounting almost to ‘civil death’ which [Mr Ülke] had
been compelled to adopt . . . constituted degrading treatment within the
meaning of Article 3."

3. Article 318:

(1) Persons who give incentives or make suggestions or spread propaganda
which will have the effect of discouraging people from performing
military service shall be sentenced to imprisonment for a term of six
months to two years.

(2) If the act is committed through the medium of the press and media,
the penalty shall be increased by half.